Investigative Reporter
Washington Post
Spencer Hsu reports for WashPost:
A federal judge in Washington pressed U.S. Immigration and Customs Enforcement to release migrants held in family detention centers, citing the imminent risk of coronavirus outbreaks in confinement and their rapid spread to surrounding communities.
U.S. District Judge James E. Boasberg of Washington, D.C., stopped short of ordering the immediate release of about 1,350 members of migrant families detained at three centers in Pennsylvania and Texas as part of a lawsuit advocates recently filed. But during a hearing on Monday, the judge directed U.S. immigration authorities to report on their efforts to release families in custody by next week.
“I will order that in a week [April 6], the government has got to come back to me and give me answers about the capacity of these centers, videotapes of living conditions and steps taken toward release,” Boasberg said after a 45-minute hearing.
“Circumstances are changing rapidly, and if there are cases in these centers or there are other problems that are not compliant, I will revisit” the petitioners emergency release request, the judge added.
Boasberg’s order expands on a similar one U.S. District Judge Dolly M. Gee issued Saturday in Los Angeles related to an emergency hearing seeking the release of 6,900 detained children. Gee had ordered that federal agencies operating detention facilities for migrant children report their efforts to release children in custody by April 6. Boasberg widened the order to cover their parents.
[[Coronavirus could pose serious concern in ICE jails, immigration courts]]
Boasberg also directed U.S. immigration authorities to comply with Centers for Disease Control and Prevention guidelines for congregate housing and the Constitution’s guarantee that prisoners be held in safe and sanitary conditions.
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Boasberg entered his order in a lawsuit filed March 21 by three groups helping migrant families seeking asylum and being held at three centers in Berks County, Pa.; Dilley, Tex.; and Karnes City, Tex., under the Trump administration’s family detention policy.
Lawyers for the Refugee and Immigrant Center for Education and Legal Services, the Rapid Defense Network, and ALDEA — the People’s Justice Center argued that their clients are “trapped and at risk of serious, irreparable harm” in situations they called “a tinderbox.”
The suit alleged that groups of about 60, 500 and 800 detained mothers, fathers and children live, eat and sleep in close quarters at the three facilities and cannot meet hygiene and “social distancing” standards recommended to prevent the spread of the virus.
The complaint asserts that up to 100 people sit “elbow to elbow” in lunchrooms at tables of 10; soap is limited; access to hand sanitizer is limited or nonexistent; and cleaning of centers is typically done by volunteer detainees who are paid $1 a day and not provided hand sanitizer or masks.
“Families in [detention centers] are scared and concerned for their lives,” the complaint alleged. “It is almost certain to expect COVID-19 to infect and spread rapidly in family residential centers, especially when people cannot engage in proper hygiene or isolate themselves from infected or asymptomatic residents or staff.”
The suit said authorities have begun to release some families that include pregnant women or people with asthma from the Karnes and Dilley facilities.
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Read the complete story at the link.
It’s clear that DHS has neither the desire nor the ability to comply with CDC guidelines. Delay could be deadly. Indeed, that Judge Boasberg had to order the DHS to do what it should be doing anyway and what it has falsely claimed it was doing actually demonstrates why the whole system should long ago have been removed from the regime’s control
The good news is that in this case the regime’s immigration kakistocracy is finally getting some much-needed “adult supervision” from Judge Boasberg. Let’s hope he can save some lives from a system designed and operated to demean, dehumanize, and endanger as part of an unconstitutional “deterrence” strategy.
But, at some point, both our society and our justice system will have to stop the ongoing “willful blindness” and deal directly with the unconstitutionality, intentional cruelty, immorality, and wastefulness of falsely classifying gratuitous “cruel and unusual punishment” of families and children seeking asylum as “civil detention.” It’s no such thing; it must be outlawed and abolished except in the extremely limited circumstances where it is actually required to protect the public or insure appearance.
And, under our Constitution, it should never be imposed without an individualized order from an independent Federal Judge. Today’s “New American Gulag” is an unconstitutional national disgrace which has been “weaponized,” with disturbingly little actual supervision by the Article III Judiciary, by a regime interested only in furthering a White Nationalist agenda of gratuitous cruelty and oppression of “the other” (primarily, other humans of color)!
PWS
03-31-20